Sandie Peggie: RCN union has 'no position' on whether trans women are women
Patricia Marquis of RCN England told the Sandie Peggie employment tribunal the union has no position on the definition of trans woman
The Royal College of Nursing (RCN) union has ‘no position’ on whether trans women are women, a union leader has told a tribunal.
Patricia Marquis, the chief executive of RCN England, said the organisation works to balance the rights and views of its 600,000 members.
She was giving evidence to an employment tribunal in which nurse Sandie Peggie claims she was discriminated against by the RCN due to her gender critical beliefs.
The union denies all claims.
In what was the final day of examination in the seven-day proceedings, Ms Marquis was questioned by Ms Peggie’s lawyer, Naomi Cunningham KC.
She was asked about whether the union had “picked a side” in the debate between gender ideology and gender critical views.
Ms Cunningham outlined several examples of what she framed as the union adopting gender ideology.
The nursing union executive confirmed that she has stated her preferred pronouns on social media.
She also asked Ms Marquis to confirm to the court, sitting before employment judge Mel Sangster, that the RCN shop sells Progress Pride badges and that the Progress Pride flag has been flying about its headquarters since May this year.
Ms Cunningham further suggested that guidance issued by the RCN put it “beyond a doubt” that the union had “picked a side”.
The KC added: “And the side that it had picked was the side of the men who said they were women and not the side of the women who said they weren’t.”
Ms Marquis replied: “No,” adding, “That’s not a fair reflection.”
Ms Cunningham also asked the nursing leader: “Is that your position? Trans women are women?” She replied: “I’m not saying that’s my position,” adding, regarding the union, “We don’t have a position on the matter.”
The hearing in Dundee is Ms Peggie’s second employment tribunal.
Last year she brought a case against NHS Fife after an altercation in a changing room with transgender medic Dr Beth Upton at Kirkcaldy’s Victoria Hospital in December 2023.
She won a partial victory against the health board for claims of harassment against her employer, but allegations of discrimination, indirect discrimination and victimisation were dismissed.
All claims against Dr Upton were thrown out.
An appeal is ongoing.
At the start of Wednesday’s hearing, RCN lawyer David Hay KC asked Ms Marquis about the union’s view on the “dichotomy” between “gender ideology” and gender-critical views.
“To what extent does the RCN have any particular position on the debate between concepts of gender ideology as opposed to biological sex?” he asked her.
She replied: “We have no position on those two concepts.”
In cross-examination by Ms Cunningham asked why, if the RCN was neutral on the issue, there were no RCN-branded badges expressing support for those with gender-critical beliefs – for example, she said, featuring the suffragette colours of purple, white and green.
“There is nothing here that supports any other beliefs,” Ms Cunningham said, looking at a page of what she referred to as RCN-branded “tat”.
Ms Marquis explained that the merchandise was not designed to exclude anyone but rather to show support for “members who identify in different ways”.
She said: “I believe some people identify as trans and believe themselves to be trans and respect their right to choose.”
The union boss was also asked whether she understood what each letter in LGBTQIA+ means, giving the RNC has expressed support for those who identify as such.
READ MORE:NHS Fife nurse accused of 'judgement and hostility' that 'do not deserve' Equality Act defence
Ms Marquis did not know the meaning of each letter but said the union supports people who say they are LGBTQIA+.
Ms Cunningham put it to her that the “plus” includes people who identify as furries, “grown men who like to dress up as babies” and paedophiles.
The lawyer added: “It’s a little bit worrying to express support for a group whose parameters you really can’t define.”
Asked again whether the union supported these groups, Ms Marquis said: “That’s a judgement that I’m not going to comment on in terms of people’s choices.”
Ms Cunningham went on to ask about the RCN’s response to the 2025 Supreme Court ruling that sex in the 2010 Equalities Act referred to biological sex.
She said one statement attributed to Ms Marquis, which was included in an announcement of an engagement session for RCN members soon after the ruling, was “mournful in tone”.
She said it presented the ruling as “bad news” that may be “upsetting” or concerning for members, with no acknowledgement that some RCN members may have been “rejoicing” at it.
Ms Marquis said it was “not the intention” to present the ruling in a negative light, but agreed the statement made no refence to those members who may have welcomed it.
The tribunal will hear closing submissions from both parties on Thursday.
Comments
Want to join the conversation? Please or to comment on this article.